Need A Video Game Agent?

In the gaming industry, why might it be necessary to have an agent? 

            Many factors make an agent a necessity for breaking into the gaming industry. It has been said that they “hold the keys” to getting your foot in the door. Agents provide a host of contacts and expertise to get a product into the right hands within a publishing company. They are responsible for securing important deals with these numerous organizations. Consulting services dealing with industry specific guidance, brand management, and even running successful crowd-funding campaigns may be offered by some agencies. Digital Development Management (DDM), a game agency, also provides production assistance along with the services previously mentioned. These services include: Game Art, Cinematics, Audio, and Middleware Solutions; all of which are intended to help a developer save time and cost (ddmagency.com, 2016). Jami Wardman a development manager with DDM suggests that a studio should view agents as a business development arm. Agents travel the world, and attend shows you may not be able to make. They can shop your product and expand its reach (Wardman, 2016).

How can you go about finding an agent?  What resources do you have available?  What are the best ones?

Research is key in any industry. With information available in just a few clicks, searching for companies is made easier now more than ever. By doing a web search for “Game Agencies”, a developer can select several agencies to research. Accessing the agent’s website grants the developer the opportunity to see if they will offer the assistance they seek. Some companies available include: Creative Artist Agency (CAA), United Talent Agency (UTA), and Digital Development Management (DDM). The first two companies, which are prestigious agencies in their own right, manage upper echelon clients. DDM, on the other hand, has the reputation for helping both large and small, independent developers. A game studio just starting out should research what strengths and weakness they possess to determine what assistance they would actually need and weather or not it is financially feasible. DDM can offer the best tools and may be the ideal option for the smaller company. Aside from mining the Internet, another method is to use a personal and/or professional network (s). A popular saying is, “It’s not what you know, but who you know”. It may be possible that someone you know holds the “golden ticket” to getting you in touch with an agent who can help. Trying to pinpoint the best resources can be problematic. It may be beneficial to use a combination of resources to best accomplish the goals needed for the company.

With many industries, such as print media, it is becoming more and more difficult to secure an agent who represents your needs.  How is this challenging?

            

            Lately, it is becoming harder to find an agent that represents all the needs of a client. This is challenging because it causes the need for multiple agents, which is costly. Hiring many agents that focus on different aspects may be good in some cases. However, it can cause the client to focus on managing, as opposed to creating new content. Having an agent that offers everything the client needs acts as a one-stop shop and streamlines the process. Fortunately, agencies like DDM offer developers many services. However, with the gaming industry constantly evolving, independent developers are becoming more proficient and educated on what services are available to them. To make the process more efficient and cost effective, they have taken the steps to learn some skill-sets agents provide (J.Kuchera, personal communication, February 18 2016).

What are the specifications of the contract that you would hope to sign with an agent?  

            As a partner in a video game studio, it is important to protect our business, assets, and our selves. If we were to consider working with an agent, here are some clauses that we should consider specifying in a contract:

·     Protecting Clients Intellectual Property- this protects our product, copyrights and trademarks. It outlines any documentation needed to be able to discuss our assets and interests with a potential buyer. To include a Non Disclosure Agreement or Non Compete Agreement

·      Duties and Responsibilities of an agent- this highlights the responsibilities of the agent and what is expected of them. 

·      How a Breach of Contract is handled- if a breach were to occur, it is important to have a plan in place that specifies how litigation is handled.

·     Length of Term- how long the contract is between both parties.

·   Compensation Rate- this breaks down how an agent is paid to include but not limited to salary, bonuses, and commissions.

·    Sunset Clause- this discusses the percentage of payment after the completion of the contract.

Resources

http://www.ddmagency.com/agency-services/

http://www.polygon.com/2014/4/15/5610458/indie-game-publishers

AGENCY SERVICES via DDM Game Studio Representation LLC. (2016). Retrieved February 03, 2016, from http://www.ddmagency.com/agency-services/ 

Kuchera, B. (2014, April 15). From gatekeepers to guns for hire: The new role of indie game publishers. Retrieved February 03, 2016, from http://www.polygon.com/2014/4/15/5610458/indie-game-publishers

Legal Issues Game Developers Face

Legal Issues Game Developers Face

            Every industry must work within the confines of the law. It should come as no surprise that the video game industry is not immune. Common red flags, i.e. Copyright infringement, using the likeness of others, or 1^st amendment concerns, are volatile problems that can hinder the progress with any studio. Learning how to identify major issues such as these, can aid a company in avoiding legal ramifications in the long run. Three interesting cases that highlight these issues and can be used as great examples are: Tetris v. Xio, Davis/Dupree/Keller/Ferragamo v.Electronic Arts and Schwarzenegger v. Entertainment Merchants Association.
 

 The first case I wanted to point out would be Tetris v. Xio. This case dealt with copyright infringement issues. Tetris Holdings, LLC, own the popular tile matching puzzle game Tetris. They found themselves in a legal battle with Xio Interactive Inc., the creators of Mino, a puzzle game of a similar look and feel. Tetris, LLC accused Xio Inc. of creating a game that appeared strikingly similar to their title. Xio argued that they had only copied the non-protectable elements of the game and should not be held liable to any copyright infringement laws. Unfortunately for Xio, after delving into the games further, it had been discovered that Mino, copied 14 of it’s protected elements to include the size and shape of the games playing field to the composition of the blocks that fell. In the software world, one can only protect the expression of an idea not the idea itself. If Xio would have truly researched this, they could have changed their game enough to avoid this embarrassing ordeal.
 

 My next example is Davis/Dupree/Keller/Ferragamo (Plaintiffs) v. Electronic Arts (EA) (Defendant). The plaintiffs accused the defendant of using their likeness in the football-simulated video game “Madden NFL”. The game affords players the chance to simulate a virtual football game using avatars of professional football players. EA creates the Madden series every year and has made deals with the National Football League to use the likeness of the players. In this scenario EA had recreated a number of historic teams. Upon doing so, they did not obtain the rights to use the likeness of the historic players. The plaintiffs felt that they should have been compensated and asked if their likeness could have been used. EA argued that using the player’s attributes fell within their First Amendment rights, but was overruled due to a legal precedent (NCAA v. EA). It boils down to the fact that, if you’re planning to create a game with a character that uncannily resembles a brand of any form, you need to obtain the rights to use it or alter your character completely.  

 Lastly, the case of Governor Schwarzenegger v. Entertainment Merchants Association is equally entertaining as it is educational. Governor Schwarzenegger passed a civil code in 2005 that regulated the sale of violent video games to minors. The State of California believed that these violent video games had a direct link to violence in children, both physically and psychologically and sought to ban them. The Entertainment Merchants Association (EMA) quickly sprang into action and sued the state for violating the 1^st and 14^th amendments. The Association asked for a Declaratory Judgment (a judgment from the court defining the legal relationship between the parties and their rights as defined by Cornell Universities’, Wex Legal Information Institute) to determine if the State truly violated the first amendment. EMA also felt that the law would be a catalyst for the government to restrict our freedom of speech and affected parental authority. Games are currently regulated through the Entertainment Software Ratings Board (ESRB), so the need for the ban of the games was unnecessary. Ultimately, the court ruled in favor of the Entertainment Merchants Association. The lesson here would be to watch how, what you create, may offend people and if you are truly within your right to create it or not. 

 Having a lawyer is integral to any business, although nothing prevents you from doing the due diligence of learning what can be a hindrance to your company. These lessons will serve well in creating Digital Ecstasy Games, our game studio. Through these cases I can be proactive and save the studio from hardships both legally and financially.

Digital Ecstasy Games Marketing Plan

Your Luggage... Is it Protected???

“When your luggage is lost, stolen, or tampered with, AKQYS protects you.” This tag line pulled from the AKQYS (pronounced Ahh-kiss) website sums up this product perfectly. AKQYS is a luggage tracking company based in Florida. Their product is a tracking device that not only tracks where your luggage has been, but if it has been opened.  If that isn’t enough, they also offer a secondary device, a camera, which activates when the luggage is opened to see who is peeping inside of it.

This brainchild of Felix Mercado came about from a horrible experience he had when traveling with an airline. We all know the feeling: slight panic sets in, you look around your immediate vicinity, and then you begin to search your bags and wonder, “Did I leave it at home or did I pack it away with the other bags?” The truth is, you will never see it again. You have just lost your laptop… Utter dread sets in. This scenario was the exact case with Felix, his luggage was lost, but more importantly, an invaluable item that he used for his livelihood had vanished forever.

One Million Cups is an initiative created at Rollins College located in Winter Park Florida, which allows startups and businesses the opportunity to present themselves to listeners, students, and potential investors. As a student attending Full Sail Universities Entertainment Business program, I was given the chance and the pleasure to witness Felix and the AKQYS team present this ingenious idea first hand. Our Product and Artist development class was given an assignment that related to the presentation. The following are the questions from the assignment and how I chose to answer them.

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Orlando Sentinel

1. What did you think of the business concepts?

         I felt, overall, that the product was a great concept. It serves a purpose, solves an issue, and caters to a certain market that lives a particular lifestyle.

2. Are they viable and something the market might want, or are they ill conceived or misplaced?

         Both the product and business are definitely attractive, and are something the market needs. Mercado showed how luggage theft, loss, and invasion of privacy are an epidemic. He also compared how his product “trumps” the others.

3. Do the presenters appear to have a good understanding of their target market(s)?

Felix was the only presenter. He clearly understood his market and whom he was trying to pitch his product to. The AKQYS team is targeting the travel industry, or the travel security industry, to be more specific.

4. Do they know their product/service inside out?

They definitely knew their product. Mercado spoke about everything from the functions of the device, patents, and even privacy. He clearly understood the specifics of both his devices and his services.

5. What did you like or dis-like about the presentations?

The AKQYS presentation was great. They know their product, are passionate about it, and clearly communicated their vision using a well made keynote. Felix as a speaker was engaging, charismatic, and confident. If I had to be critical and choose something I did not like about the presentation, it would be the lack of a physical version or prototype, for us to see. However, time did not lend itself for physical prototypes to be showcased. Here is a LINK to see the devices in comparison to luggage.

6. Do you think that pitching at One Million Cups is effective marketing? 

I think One Million Cups is great place to share your idea, engage in feedback, and practice presenting your product. I do not see it as an effective marketing plan...yet. One Million Cups is growing and spreading to other areas in central Florida. I can see it becoming a viable marketing source in the near future.

7. If you found any of the concepts appealing, what would you do to "take them to the next level?"

Felix Mercado has his finger on the pulse of the industry and appears to be on the right track to success. The AKQYS website is functional, the marketing plan is sound, and the potential partners he described are perfect. There is not much I could suggest to him that will take him to the next level. However, I did feel the site could be evolved to include a marketplace where the device can be purchased. He did mention that a marketplace was in the works. Simple and ease of use is the motivation behind their products so the option to subscribe to a newsletter for updates and the ability to pre-order is the focus at the moment.

Sanchez Andrew Loog Oldham Presentation

Major Players Review: United Talent Agency V.S. Brevard Talent Group

Major Players Review:United Talent Agency v Brevard Talent Group

Edward SanchezFull Sail University

Product and Artist Management

Christine Winn

 The United Talent Agency (UTA) and Brevard Talent Group (BTG) are two agencies that offer similar services in the entertainment industry. One is a highly known worldwide name that caters to highly known celebrities. The other is based out of Florida and serves industry professionals who are not as famous. Both offer similar management services to their clients. Let’s compare them to determine what essentially sets these two companies apart; who they are, what exact services they offer, and their target market.

UTA:

•       A premier global talent agency who has offices in Los Angeles, Nashville, New York, Miami, Toronto, London, Malmö founded in 1991
•       Considered a Hollywood powerhouse
•       In the late 1990’s, considered an upstart challenger to William Morris Agency and Creative Arts Agency (two significant names during that time)
•       Represented Jim Carrey for the Cable Guy and made a 20 million dollar upfront deal
•       They cater to motion picture, television, music, digital, broadcast news, theater, video games, fine-art, live entertainment, and books
•       UTA has over 100 agents, each having more than 10 years experience, and operates exclusively by referral
•       They are recognized for offering film finance, film packaging, branding, licensing, endorsements, corporate consulting, venture funding, and strategic advice from startups to Fortune 500 companies.
•       UTA owns the news and reality based agency Bienstock founded in 1964
•       UTA Founded and co-owns a marketing firm called United Entertainment Group which handles branding
•       Partnered with Delta, Oakley, Barbie, DreamWorks, WebMD, American Girl, Fisher Price and Zynga to name a few
•       They have over 500 clients, a few high profile clients include:

o   Singer Songwriter- Mariah Carey, 50Cent, Kanye West

o   Actors- Angelina Jolie, Johnny Depp, Kevin Hart Martin Lawrence, Barbra Streisand

o   Filmmaker & Screen Writers- The Cohen Brothers, Judd Aptow, Peter Morgan

o   TV writers, Creators, & Producers- Sally Ann Salsano, Shane Dawson, Chuck Lorre

•       The New York based firm United Entertainment Group caters to corporate clients such as Frito-Lay, AT&T, Starbucks, Nestle, and Avon. They offer services such as brand development, property development and multi-cultural marketing
•       They have strategically hired several of the top performing agents in all fields who have brought in highly recognizable clients to the agency

BTG:

•            Florida based company located in Orlando
•            Incorporated in 1989 by President and Founder Traci Danielle
•            Small Business with less than 5 Agents
•            Over a 150 clients
•            Affiliated with EQUITY and SAG- AFTRA
•            BTG serve Actors and Voice Over Artists
•            Several notable credits BTG has worked on are:

o   Film- Ace Ventura 3, Bad Boys 2, Baitshop, Battle Los Angeles, Dolphin Tale, Deuce Bigalow: European Gigolo, GI Jane, The Curious Case of Benjamin Button, Transformers 3, Waterboy, and Phone Booth

o   Television- All My Children, Army Wives, Bold & the Beautiful, Burn Notice, CSI Miami, Dawson’s Creek, Vampire Diaries

o   Commercials- AARP, ADT Security, Bud Light, Bush Gardens, Carnival Cruise Lines, McDonalds, Pepsi, Universal Studios

 After comparing them, it is simple to notice the difference between the two companies. They each serve the grand purpose of a talent agency in the entertainment industry, which happens to represent the client to the best of their abilities. UTA caters to a larger market and offers clients further exposure with additional services. The expertise brought in by United Talent Agency is also a sizeable difference. UTA has recruited high profile agents with over ten years of experience who have represented established clients. Their contacts alone are invaluable and would be a boon to any company. However, with UTA being so large, one can assume that a number of clients fall by the wayside or fail to attract the attention they may need to grow.

 BTG on the other hand remains a much smaller company. They do not offer the exposure, partnerships and expertise as UTA, nevertheless it’s easier to walk in the door with them. A fresh actor will have an optimal chance of being represented by BTG and will receive a personalized experience. A manager breaking into the business might also find it much easier to intern, or even land a job with Brevard Talent Group. As a budding “green” artist manager, I would ultimately prefer Brevard and gain experience. Using BTG as a springboard, I would find and nurture talent and develop a stellar roster to show UTA for a possible job in the future.

References

(1) ABOUT US. (n.d.). Retrieved December 2, 2015, from http://www.unitedtalent.com

Finke, N. (2006, September 13). 2nd UPDATE: Jim Carrey Fires Long-Time UTA and Long-Loyal Nick Stevens.

(2) "The Fix Is In" For CAA To Sign Jim. But Nick Gave Ari Advice On How To Bag Carrey. Retrieved December 2, 2015, from http://deadline.com/2006/09/exclusive-jim-carrey-fires-agency-574/

(3) Finke, N. (2006, September 13). 2nd UPDATE: Jim Carrey Fires Long-Time UTA and Long-Loyal Nick Stevens. "The Fix Is In" For CAA To Sign Jim. But Nick Gave Ari Advice On How To Bag Carrey. Retrieved December 2, 2015, from http://deadline.com/2006/09/exclusive-jim-carrey-fires-agency-574/

(4) Graser, M. (2007, September 9). UTA, Moses taking brand stand. Retrieved December 2, 2015, from http://variety.com/2007/scene/markets-festivals/uta-moses-taking-brand-stand-1117971708/

(5) Submission Info. (2015, February 8). Retrieved December 2, 2015, from http://brevardtalentgroup.com/submission-info/

(6) Brevard Talent Group located in Orlando, FL. (2015, December 2). Retrieved December 2, 2015, from http://profile.infofree.com/biz/FL/Orlando/Brevard Talent Group/11132552819263

(7) BREVARD TALENT GROUP, INC. (n.d.). Retrieved December 2, 2015, from http://www.companies-florida.com/brevard-talent-group-inc-gx41/